1 I. HORIZONTAL COMMITMENTS
2 II. SECTOR-SPECIFIC COMMITMENTS
3 1. BUSINESS SERVICES2 3. CONSTRUCTION AND RELATED ENGINEERING SERVICES2.1 A. General construction work for building 3 4. DISTRIBUTION SERVICES
WORLD TRADE
ORGANIZATION
RESTRICTED
WT/ACC/VNM/48/Add.2
27 October 2006
(06-5203)
;)
Working Party on the
Accession of Viet Nam
WORKING
PARTY ON THE ACCESSION OF VIET NAM
Schedule CLX – Viet Nam
Part
II - Schedule of Specific Commitments in Services
List
of Article II MFN Exemptions
Addendum
As indicated in paragraph 528 of the Report of the Working
Party on the Accession of Viet Nam (WT/ACC/VNM/48), the Schedule of Specific
Commitments in Services resulting from the negotiations between the Socialist
Republic of Viet Nam and WTO Members is annexed to the Protocol of Accession of
the Socialist Republic of Viet Nam and is reproduced hereunder.
Mode of delivery: (1)
Cross-border supply (2)
Consumption abroad (3) Commercial
presence (4) Presence of natural person
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Sectors and sub-sectors
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Limitations on Market Access
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Limitations on National Treatment
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Additional Commitments
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I. HORIZONTAL COMMITMENTS
ALL
SECTORS INCLUDED IN THIS SCHEDULE
(3)
None, except:
Unless
otherwise specified in each specific sector or sub-sector of this Schedule,
foreign enterprises are allowed to establish commercial presence in Viet Nam in
the form of business co-operation contract1, joint venture
enterprise, 100% foreign-invested enterprise.
Representative
offices of foreign service suppliers are permitted to be established in Viet
Nam, but they shall not engage in any direct profit-making activities2.
Unless
otherwise indicated in each specific sector or sub-sector of this Schedule, the
establishment of branches is unbound.
The
conditions of ownership, operation and juridical form and scope of activities
as set out in the respective licenses or other form of approval establishing or
authorizing the operation or supply of services by an existing foreign service
supplier shall not be made more restrictive than they exist as of the date of
Viet Nam's accession to the WTO.
(3)
None, except:
Eligibility
for subsidies may be limited to Vietnamese service suppliers, i.e. to juridical
persons established within the territory of Viet Nam, or a part thereof. The
granting of one-time subsidization to promote and facilitate the process of
equitisation is not in breach of this commitment. Unbound for subsidies for
Research and Development. Unbound for subsidies in the Health, Education and
Audio-visual sectors. Unbound for subsidies aimed at promoting the welfare and
employment of ethnic minorities.
1 Business
co-operation contract is a document which is signed by two or more parties (of
which at least one party must be Vietnamese legal entity and one party must be
foreign legal entity) and which stipulates the responsibilities of, and the
sharing of business results between, the parties for the purpose of conducting
investment and business in Viet Nam without creating a legal entity.
2 Representative
office is a subordinate unit of foreign enterprises, established under the
Vietnamese law in order to seek, promote trade and tourism opportunities but is
not allowed to engage in any direct profit-making activities.
Mode of delivery: (1)
Cross-border supply (2)
Consumption abroad (3) Commercial
presence (4) Presence of natural person
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Sectors and sub-sectors
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Limitations on Market Access
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Limitations on National Treatment
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Additional
Commitments
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Foreign-invested
enterprises shall
be
permitted by competent
authorities
of Viet Nam to lease the
land
to carry out their investment
projects. The land leasing period
shall
correspond to the time of
operation
of those enterprises and
shall
be stipulated in their
investment
licenses and shall be
extended
whenever the time of
operation
of those enterprises is
extended
by competent authorities.
Foreign
service suppliers are
permitted
to make capital
contribution
in the form of buying
shares
of Viet Nam's enterprises. In
this
case, the total equity held by
foreign
investors in each enterprise
may
not exceed 30% of the
enterprise's
chartered capital unless
otherwise
provided by Viet Nam's
laws
or authorized by Viet Nam's
competent
authority.
One
year after accession, the 30%
foreign
equity limitation for
acquisition
of Vietnamese
enterprises
shall be eliminated,
except
for capital contribution in
the
form of buying shares of joint-
stock
commercial banks, and except
for
the sectors not committed in this
Schedule.
For the other sectors and
sub-sectors
committed in this
Schedule,
the level of equity held
by
foreign investors in acquisition
of
Vietnamese enterprises shall be
corresponding
to the limitations on
foreign
capital participation set
forth
therein, if any, including the
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PageWT/ACC/VNM/48/Add
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3.2
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Mode of delivery: (1)
Cross-border supply (2)
Consumption abroad (3) Commercial
presence (4) Presence of natural person
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Sectors and sub-sectors
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Limitations on Market Access
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Limitations on National Treatment
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Additional Commitments
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limitations in the form of
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transitional
periods, where
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applicable.
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(4)
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Unbound,
except measures relating
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(4) Unbound, except as indicated in
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to entry and
temporary stay of
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market
access column.
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natural
persons who fall in one of
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the
following categories:
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(a)
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Intra-corporate transferees
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Managers,
executives and
specialists,
as defined hereunder, of
a
foreign enterprise which has
established
a commercial presence
in
the territory of Viet Nam,
temporarily
moving as intra-
corporate
transferees to that
commercial
presence and who have
been
previously employed by the
foreign
enterprise for at least one
year, shall be granted entry and a
stay
permit for an initial period of
three
years which may be extended
subject
to the term of operation of
those
entities in Viet Nam. At least
20%
of the total number of
managers,
executives and
specialists
shall be Vietnamese
nationals.
However, a minimum of
3 non-Vietnamese
managers, executives and specialists shall be permitted per enterprise.
Managers
and executives are those
who
primarily direct the
management
of the foreign
enterprises
which have established
commercial
presence in Viet Nam,
receiving
only general supervision
or
direction from the board of
Mode of delivery: (1)
Cross-border supply (2)
Consumption abroad (3) Commercial
presence (4) Presence of natural person
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Sectors and sub-sectors
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Limitations on Market Access
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Limitations on National Treatment
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Additional
Commitments
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directors
or stockholders of the
business
or their equivalent,
including
directing the
establishment
or a department or
subdivision
of the establishment,
supervising
and controlling the
work
of other supervisory,
professional
or managerial
employees,
having the authority
personally
to hire and fire or
recommend
hiring, firing or other
personnel
actions, and who do not
directly
perform tasks concerning
the
actual supply of the services of
the
establishment.
Specialists
are natural persons
working
within an organization who
possess
knowledge at an advanced
level
of expertise and with
knowledge
of the organization's
services,
research equipment,
techniques
or management. In
assessing
such knowledge, account
will
be taken not only of knowledge
specific
to the commercial
presence,
but also of whether the
person
has a high level of skills or
qualification
referring to a type of
work
or trade requiring specific
technical
knowledge. Specialists
may
include, but are not limited to,
members
of licensed professions.
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5.2
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Mode of delivery: (1)
Cross-border supply (2)
Consumption abroad (3) Commercial
presence (4) Presence of natural person
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Sectors and sub-sectors
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Limitations on Market Access
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Limitations on National Treatment
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Additional Commitments
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(b)
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Other
personnel
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Managers,
executives and
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specialists,
as defined in (a) above,
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who
cannot be substituted by
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Vietnamese
and who are employed
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outside
Viet Nam's territory by a
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foreign
enterprise which has
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established a
commercial presence
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in
the territory of Viet Nam with a
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view to
participating in the foreign
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enterprise's
activities in Viet Nam,
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shall be
granted entry and a stay
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permit
in conformity with the term
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of the
concerned employment
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contract
or for an initial period of
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three years
whichever is shorter,
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which
may be extended subject to
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the
employment contract between
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them and the
commercial presence.
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(c)
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Service sales persons
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Persons not
based in the territory of
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Viet
Nam and receiving no
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remuneration
from a source located
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within
Viet Nam, and who are
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engaged
in activities related to
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representing
a service provider for
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the
purpose of negotiating for the
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sale of the
services of that provider
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where: (i) such sales are not
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directly made
to the general public;
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and
(ii) the salesperson is not
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directly
engaged in supplying the
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service.
The stay of these
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salespersons
is limited to a 90-day
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period.
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Mode of delivery: (1)
Cross-border supply (2)
Consumption abroad (3) Commercial
presence (4) Presence of natural person
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Sectors and sub-sectors
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Limitations on Market Access
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Limitations on National Treatment
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Additional Commitments
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(d) Persons
responsible for setting up a
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commercial presence
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Managers
and executives (as
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defined in (a) above) within a
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juridical
person, who are
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responsible for the setting up, in
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Viet Nam, of a commercial
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presence
of a service provider of a
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Member when (i) these people are
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not
engaged in making direct sales
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or supplying services; and (ii) the
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service
provider has its principal
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place of business in the territory of
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a
WTO Member other than
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Viet Nam and has no other
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commercial
presence in Viet Nam.
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The stay of these persons is limited
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to a 90-day period.
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(e) Contractual service suppliers (CSS)
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Natural
persons who are employees
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of
a foreign enterprise having no
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commercial presence in Viet Nam
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may
enter and stay in Viet Nam for
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a period of 90 days or for the
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duration of the contract, whichever
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is
less provided that the following
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conditions and requirements shall
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be
applied:
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-
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The
foreign enterprise has
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obtained a service contract
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from
a Vietnamese enterprise
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engaged in business operation
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in
Viet Nam. The competent
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authority of Viet Nam must be
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able to establish the necessary
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procedures
to guarantee the
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bona fide character of the
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PageWT/ACC/VNM/48/Add
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7.2
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Mode of delivery: (1)
Cross-border supply (2)
Consumption abroad (3) Commercial
presence (4) Presence of natural person
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Sectors and sub-sectors
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Limitations on Market Access
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Limitations on National Treatment
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Additional
Commitments
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contract.
-
These persons must possess:
(a)
a university degree or a technical
qualification document demonstrating knowledge of an equivalent level; (b)
professional qualifications where this is required to exercise an activity in
the sector concerned pursuant to the laws and regulations of Viet Nam; and
(c)
at least 5 years of professional
experience in the sector.
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The number of these persons covered
by the service contract shall not be larger than necessary to fulfil the
contract, as it may be decided by the laws and regulations and requirement of
Viet Nam.
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These persons should have been
employed by the foreign enterprise having no commercial presence in Viet Nam
for a period of no less than 2 years and have met the requirements prescribed
for "specialist" above.
The
entry of these persons is allowed for
computer
and related services
(CP
841-845, 849) and engineering
services
(CPC 8672).
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Mode of delivery: (1)
Cross-border supply (2)
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Consumption
abroad (3) Commercial presence (4)
Presence of natural person
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Sectors and
sub-sectors
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Limitations
on Market Access
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Limitations
on National Treatment
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Additional
Commitments
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II. SECTOR-SPECIFIC COMMITMENTS
1. BUSINESS SERVICES
A. Professional Services
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(a) Legal services
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(1)
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None.
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(1)
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None.
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(CPC 861, excluding:
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(2)
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None.
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(2)
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None.
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(3)
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Foreign lawyers organizations3 are
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(3)
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None.
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-
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participation in legal
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permitted to establish commercial
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proceedings
in the capacity of
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presence
in Viet Nam in the
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defenders or representatives of
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following forms:
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their
clients before the courts
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of Viet Nam;
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Branches of foreign
lawyers
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legal
documentation and
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organizations;
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certification services of the
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-Subsidiaries of foreign lawyers
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laws of Viet Nam)
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organizations;
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-Foreign law firms4;
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Partnerships between foreign
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lawyers
organizations and
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Viet Nam's law partnerships.
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Commercial
presences of foreign
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lawyers
organizations are permitted
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to make consultations on
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Vietnamese laws if the consulting
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lawyers
have graduated from a
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Vietnamese law college and satisfy
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requirements
applied to like
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Vietnamese law practitioners.
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(4)
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Unbound,
except as indicated in the
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(4)
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Unbound,
except as indicated in the
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horizontal
section.
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horizontal
section.
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(b) Accounting and
auditing and
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(1)
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None.
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(1)
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None.
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bookkeeping services
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(2)
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None.
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(2)
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None.
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(CPC
862)
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(3)
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None.
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(3)
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None.
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(4)
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Unbound, except as indicated in the
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(4)
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Unbound, except as indicated in the
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horizontal
section.
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horizontal
section.
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3 A
"foreign lawyers organization" is an organization of practicing
lawyers established in any commercial corporate form in a foreign country
(including firms, companies, corporations, etc.) by one or more foreign lawyers
or law firms.
4 Foreign
law firm is an organization established in Viet Nam by one or more foreign
lawyers organizations for the purpose of practicing law in Viet Nam.
Mode of delivery: (1)
Cross-border supply (2)
Consumption abroad (3) Commercial
presence (4) Presence of natural person
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Sectors and sub-sectors
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Limitations on Market Access
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Limitations on National Treatment
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Additional Commitments
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(c)
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Taxation services
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(1)
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None.
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(1)
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None.
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(CPC
863)
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(2)
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None.
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(2)
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None.
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(3)
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None, except:
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(3)
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None.
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For
the period of 1 year from the
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date
of accession, the licensing shall
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be made on the case by case basis
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and the number of service providers
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shall
be decided by Ministry of
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Finance subject to the need and
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development
scope of Viet Nam's
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market5.
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For
the period of 1 year from the
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date
of accession, foreign-invested
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enterprises providing taxation
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services
are only permitted to
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supply services to foreign-invested
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enterprises and foreign funded
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projects
in Viet Nam.
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(4)
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Unbound,
except as indicated in the
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(4)
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Unbound,
except as indicated in the
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horizontal section.
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horizontal section.
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(d)
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Architectural services
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(1)
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None.
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(1)
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None.
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(CPC
8671)
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(2)
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None.
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(2)
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None.
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(3)
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None, except:
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(3)
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None.
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For
the period of 2 years from the
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date
of WTO accession, 100%
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foreign-invested enterprises may
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only
provide services to foreign-
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invested enterprises in Viet Nam.
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Foreign enterprises have to be
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juridical
persons of a WTO
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Member.
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(4)
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Unbound,
except as indicated in the
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(4)
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Unbound,
except as indicated in the
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horizontal
section.
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horizontal
section.
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5
The main criteria include the number and the operation of enterprises in the
market and their impact on the stability of the market and the economy.
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Mode of delivery:
(1) Cross-border supply
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(2)
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Consumption
abroad (3) Commercial presence (4)
Presence of natural person
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Sectors and
sub-sectors
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Limitations
on Market Access
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Limitations
on National Treatment
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Additional
Commitments
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(e)
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Engineering services
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(1)
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None.
|
(1)
|
None.
|
|
|
|
(CPC
8672)
|
|
(2)
|
None.
|
(2)
|
None.
|
|
|
|
|
|
(3)
|
None, except:
|
(3)
|
None, except:
|
|
|
(f)
|
Integrated
engineering services
|
|
|
|
|
|
|
|
|
(CPC 8673)
|
|
|
For the period of 2 years from the
|
|
The supply of services related to
|
|
|
|
|
|
|
date
of WTO accession, 100%
|
|
topographical,
geotechnical, hydro
|
|
|
|
|
|
|
foreign-invested enterprises may
|
|
geological and environmental
|
|
|
|
|
|
|
only provide services to foreign-
|
|
surveys and technical surveys for
|
|
|
|
|
|
|
invested
enterprises in Viet Nam.
|
|
urban-rural
development planning,
|
|
|
|
|
|
|
Foreign enterprises have to be
|
|
sectoral development planning are
|
|
|
|
|
|
|
juridical
persons of a WTO
|
|
subject
to the authorization of the
|
|
|
|
|
|
|
Member.
|
|
Government
of Viet Nam6.
|
|
|
|
|
|
(4)
|
Unbound,
except as indicated in the
|
(4)
|
Unbound,
except as indicated in the
|
|
|
|
|
|
|
horizontal
section.
|
|
horizontal
section.
|
|
|
Page11WT/ACC/VNM/48/Add.
|
|
2
|
6 For
greater transparency, this commitment allows the maintenance or adoption of
limitations or restrictions for national security and public order reasons that
would be justified under Article XIV and Article XIV bis of the GATS.
|
Mode of delivery:
(1) Cross-border supply
|
(2)
|
Consumption
abroad (3) Commercial presence (4)
Presence of natural person
|
|
|
Sectors and
sub-sectors
|
|
|
Limitations
on Market Access
|
Limitations
on National Treatment
|
Additional
Commitments
|
|
(g) Urban planning
and urban landscape
|
|
(1)
|
None.
|
(1)
|
None, except the service must be
|
|
|
architectural
services
|
|
|
|
|
authenticated
by an architect who
|
|
|
(CPC 8674)
|
|
|
|
|
has appropriate practicing certificate
|
|
|
|
|
|
|
|
working
in a Vietnamese
|
|
|
|
|
|
|
|
architectural organization which has
|
|
|
|
|
|
|
|
juridical
entity status, and comply
|
|
|
|
|
|
|
|
with relevant laws and regulations
|
|
|
|
|
|
|
|
of Viet Nam.
|
|
|
|
|
(2)
|
None.
|
(2)
|
None.
|
|
|
|
|
(3)
|
None, except:
|
(3)
|
None, except the responsible foreign
|
|
|
|
|
|
|
|
architects
working in foreign-
|
|
|
|
|
|
After 2 years from the date of
|
|
invested enterprises must have the
|
|
|
|
|
|
accession,
100% foreign-invested
|
|
professional
practicing certificate
|
|
|
|
|
|
enterprises may be established.
|
|
granted or recognized by the
|
|
|
|
|
|
For
the period of 2 years from the
|
|
Government
of Viet Nam.
|
|
|
|
|
|
date of WTO accession, 100%
|
|
In some areas, subject to the
|
|
|
|
|
|
foreign-invested
enterprises may
|
|
regulations
of the Government of
|
|
|
|
|
|
only provide services to foreign-
|
|
Viet Nam for national security and
|
|
|
|
|
|
invested enterprises in Viet Nam.
|
|
social stability purposes, foreign
|
|
|
|
|
|
Foreign
enterprises have to be
|
|
service
suppliers may not be
|
|
|
|
|
|
juridical
persons of a WTO
|
|
permitted to provide this service7.
|
|
|
|
|
|
Member.
|
|
|
|
|
|
|
(4)
|
Unbound, except as indicated in the
|
(4)
|
Unbound, except as indicated in the
|
|
|
|
|
|
horizontal
section.
|
|
horizontal
section.
|
|
|
(i) Veterinary
services
|
|
(1)
|
None.
|
(1)
|
None.
|
|
|
(CPC 932)8
|
|
(2)
|
None.
|
(2)
|
None.
|
|
|
|
|
(3)
|
Access is granted to natural persons
|
(3)
|
None.
|
|
|
|
|
|
exclusively for the conduct of
|
|
|
|
|
|
|
|
private
professional practice and
|
|
|
|
|
|
|
|
under the authorization by the
|
|
|
|
|
|
|
|
veterinary
authorities.
|
|
|
|
|
|
|
(4)
|
Unbound, except as indicated in the
|
(4)
|
Unbound, except as indicated in the
|
|
|
|
|
|
horizontal section.
|
|
horizontal section.
|
|
7 For
greater transparency, this commitment allows the maintenance or adoption of
limitations or restrictions for national security and public order reasons that
would be justified under Article XIV and Article XIV bis of the GATS.
8 Excluding
keeping micro-organism strain for veterinary.
Mode of delivery: (1)
Cross-border supply (2)
Consumption abroad (3) Commercial
presence (4) Presence of natural person
|
Sectors and sub-sectors
|
Limitations on Market Access
|
Limitations on National Treatment
|
Additional Commitments
|
B. Computer and Related Services (CPC
841-845, CPC 849)
(1)
None.
(2)
None.
(3)
None, except:
For
the period of 2 years from the date of WTO accession, 100% foreign-invested
enterprises may only provide services to foreign-invested enterprises in Viet
Nam.
After
3 years from the date of accession, branching is allowed.
(4)
Unbound, except as indicated in the
horizontal section.
(1)
None.
(2)
None.
(3)
None, except that the chief of the
branch has to be a resident in Viet Nam.
(4)
Unbound, except as indicated in the
horizontal section.
C. Research and Development Services
|
(a)
|
R&D
services on natural sciences
|
(1)
|
None.
|
(1)
|
None.
|
|
|
|
(CPC 851)
|
(2)
|
None.
|
(2)
|
None.
|
|
|
|
|
(3)
|
None.
|
(3)
|
None.
|
|
|
|
|
(4)
|
Unbound,
except as indicated in the
|
(4)
|
Unbound,
except as indicated in the
|
|
|
|
|
|
horizontal section.
|
|
horizontal section.
|
|
|
|
E. Rental/Leasing
Services without Operators
|
|
|
|
|
(b)
|
Relating to aircraft
|
(1)
|
None.
|
(1)
|
None.
|
|
|
|
(CPC
83104)
|
(2)
|
None.
|
(2)
|
None.
|
|
|
|
|
(3)
|
None.
|
(3)
|
None.
|
|
|
|
|
(4)
|
Unbound,
except as indicated in the
|
(4)
|
Unbound,
except as indicated in the
|
|
|
|
|
|
horizontal section.
|
|
horizontal section.
|
|
|
(d)
|
Relating to other machinery and
|
(1)
|
Unbound, except for industrial
|
(1)
|
Unbound, except for industrial
|
|
|
|
equipment
|
|
machinery and equipment9: None.
|
|
machinery
and equipment: None.
|
|
|
|
(CPC 83109)
|
(2)
|
None.
|
(2)
|
None.
|
|
|
|
|
(3)
|
Unbound.
|
(3)
|
Unbound.
|
|
|
|
|
(4)
|
Unbound, except as indicated in the
|
(4)
|
Unbound, except as indicated in the
|
|
|
|
|
|
horizontal
section.
|
|
horizontal
section.
|
|
9 Excluding
mining and oil field equipment; commercial radio, television and communication
equipment.
|
Page13WT/ACC/VNM/48/Add.
|
|
2
|
|
Mode of delivery:
(1) Cross-border supply
|
(2)
|
Consumption
abroad (3) Commercial presence (4)
Presence of natural person
|
|
|
|
|
Sectors and
sub-sectors
|
|
|
Limitations
on Market Access
|
Limitations
on National Treatment
|
Additional
Commitments
|
14Page2.WT/ACC/VNM/48/Add
|
|
|
F. Other
Business Services
|
|
Vietnamese partners who are legally
|
|
|
|
|
|
|
|
|
|
|
|
(a)
|
Advertising services
|
|
(1)
|
None.
|
(1)
|
None.
|
The advertising for wines and spirits shall
|
|
|
|
(CPC 871, excluding advertising for
|
|
(2)
|
None.
|
(2)
|
None.
|
be subject to State regulations, which are
|
|
|
|
cigarettes)
|
|
(3)
|
None, except:
|
(3)
|
None.
|
applied on a non-discriminatory basis.
|
|
|
|
|
|
|
Upon
accession, foreign service
|
|
|
|
|
|
|
|
|
|
suppliers
are permitted to establish
|
|
|
|
|
|
|
|
|
|
joint venture or business
|
|
|
|
|
|
|
|
|
|
cooperation
contract with
|
|
|
|
|
|
|
|
|
|
authorized
to do advertising
|
|
|
|
|
|
|
|
|
|
services.
|
|
|
|
|
|
|
|
|
|
Upon
accession, joint ventures shall
|
|
|
|
|
|
|
|
|
|
be allowed with foreign capital
|
|
|
|
|
|
|
|
|
|
contribution
not exceeding 51% of
|
|
|
|
|
|
|
|
|
|
the legal capital of the joint venture.
|
|
|
|
|
|
|
|
|
|
As
of 1 January 2009, there shall be
|
|
|
|
|
|
|
|
|
|
no limitation on foreign capital
|
|
|
|
|
|
|
|
|
|
contribution
in the joint ventures.
|
|
|
|
|
|
|
|
|
(4)
|
Unbound,
except as indicated in the
|
(4)
|
Unbound,
except as indicated in the
|
|
|
|
|
|
|
|
horizontal section.
|
|
horizontal section.
|
|
|
|
(b)
|
Market research services
|
|
(1)
|
None.
|
(1)
|
None.
|
|
|
|
|
(CPC
864, excluding 86402)
|
|
(2)
|
None.
|
(2)
|
None.
|
|
|
|
|
|
|
(3)
|
None, except:
|
(3)
|
None.
|
|
|
|
|
|
|
|
Upon
accession joint ventures shall
|
|
|
|
|
|
|
|
|
|
be allowed with foreign capital
|
|
|
|
|
|
|
|
|
|
contribution
not exceeding 51% of
|
|
|
|
|
|
|
|
|
|
the legal capital of the joint venture.
|
|
|
|
|
|
|
|
|
|
As
of 1 January 2009, 100%
|
|
|
|
|
|
|
|
|
|
foreign-invested enterprises shall be
|
|
|
|
|
|
|
|
|
|
permitted.
|
|
|
|
|
|
|
|
|
(4)
|
Unbound,
except as indicated in the
|
(4)
|
Unbound,
except as indicated in the
|
|
|
|
|
|
|
|
horizontal section.
|
|
horizontal section.
|
|
|
|
Mode of delivery:
(1) Cross-border supply
|
(2)
|
Consumption
abroad (3) Commercial presence (4)
Presence of natural person
|
|
|
|
|
Sectors and
sub-sectors
|
|
|
Limitations
on Market Access
|
Limitations
on National Treatment
|
Additional
Commitments
|
|
|
(c)
|
Management consultant services
|
|
(1)
|
None.
|
(1)
|
None.
|
|
|
|
|
(CPC
865)
|
|
(2)
|
None.
|
(2)
|
None.
|
|
|
|
|
|
|
(3)
|
None.
|
(3)
|
None, except that the chief of the
|
|
|
|
|
|
|
|
After
3 years from the date of
|
|
branch
has to be a resident in
|
|
|
|
|
|
|
|
accession, branching is allowed.
|
|
Viet Nam.
|
|
|
|
|
|
|
(4)
|
Unbound,
except as indicated in the
|
(4)
|
Unbound,
except as indicated in the
|
|
|
|
|
|
|
|
horizontal section.
|
|
horizontal section.
|
|
|
|
(d)
|
Services related to management
|
|
(1)
|
None.
|
(1)
|
None.
|
|
|
|
|
consulting
|
|
(2)
|
None.
|
(2)
|
None.
|
|
|
|
|
|
|
(3)
|
None, except that:
|
(3)
|
None, except that
the chief of the
|
|
|
|
|
- CPC 866, except CPC 86602
|
|
|
|
|
branch
has to be a resident in
|
|
|
|
|
- Arbitration and
conciliation
|
|
|
After 3 years from the date of
|
|
Viet Nam.
|
|
|
|
|
services for commercial disputes
|
|
|
accession, branching is allowed.
|
|
|
|
|
|
|
between
businesses
|
|
|
|
|
|
|
|
|
|
(CPC 86602**)
|
|
|
For CPC 866 except CPC 86602:
|
|
|
|
|
|
|
|
|
|
for
the period of 1 year from the
|
|
|
|
|
|
|
|
|
|
date of accession: only in the form
|
|
|
|
|
|
|
|
|
|
of
joint venture or business
|
|
|
|
|
|
|
|
|
|
cooperation contract. Thereafter:
|
|
|
|
|
|
|
|
|
|
none.
|
|
|
|
|
|
|
|
|
|
For
Arbitration and conciliation
|
|
|
|
|
|
|
|
|
|
services for commercial disputes
|
|
|
|
|
|
|
|
|
|
between businesses (CPC 86602**):
|
|
|
|
|
|
|
|
|
|
for
the period of 3 years from the
|
|
|
|
|
|
|
|
|
|
date of accession: unbound.
|
|
|
|
|
|
|
|
|
|
Thereafter:
none.
|
|
|
|
|
|
|
|
|
(4)
|
Unbound,
except as indicated in the
|
(4)
|
Unbound,
except as indicated in the
|
|
15Page2.WT/ACC/VNM/48/Add
|
|
|
|
|
|
horizontal section.
|
|
horizontal section.
|
|
Mode of delivery: (1)
Cross-border supply (2)
Consumption abroad (3) Commercial
presence (4) Presence of natural person
|
Sectors and sub-sectors
|
|
Limitations on Market Access
|
Limitations on National Treatment
|
Additional Commitments
|
|
(e) Technical
testing and analysis
|
(1)
|
Unbound.
|
(1)
|
None.
|
|
|
services
|
(2)
|
None.
|
(2)
|
None.
|
|
|
(CPC 8676, excluding conformity
|
(3)
|
None, except where Viet Nam
|
(3)
|
None.
|
|
|
testing
of transport vehicles and
|
|
allows
private suppliers access to a
|
|
|
|
|
certification of transport vehicles)
|
|
sector previously closed to private
|
|
|
|
|
|
|
sector
competition on the grounds
|
|
|
|
|
|
|
that the service had been supplied in
|
|
|
|
|
|
|
the exercise of governmental
|
|
|
|
|
|
|
authority,
joint ventures to supply
|
|
|
|
|
|
|
such service shall be allowed
|
|
|
|
|
|
|
without
limitation on foreign
|
|
|
|
|
|
|
ownership 3 years after such access
|
|
|
|
|
|
|
to
private sector competition is
|
|
|
|
|
|
|
allowed. Five years
after those
|
|
|
|
|
|
|
private
sector services suppliers
|
|
|
|
|
|
|
have been granted such access:
|
|
|
|
|
|
|
none.
|
|
|
|
|
|
|
Access
to certain geographic areas
|
|
|
|
|
|
|
may
be restricted for national
|
|
|
|
|
|
|
security reasons.
|
|
|
|
|
|
(4)
|
Unbound,
except as indicated in the
|
(4)
|
Unbound,
except as indicated in the
|
|
|
|
|
horizontal section.
|
|
horizontal
section.
|
|
|
(f) Services
incidental to agriculture,
|
(1)
|
None.
|
(1)
|
None.
|
|
|
hunting and forestry
|
(2)
|
None.
|
(2)
|
None.
|
|
|
(CPC
881)10
|
(3)
|
None,
except:
|
(3)
|
None,
except:
|
|
|
|
|
Only
in the form of joint-venture or
|
|
Access
to certain geographical areas
|
|
|
|
|
business
co-operation contract.
|
|
may be restricted.11
|
|
|
|
|
Foreign capital contribution may not
|
|
|
|
|
|
|
exceed
51% of the legal capital of
|
|
|
|
|
|
|
the joint venture.
|
|
|
|
|
|
(4)
|
Unbound,
except as indicated in the
|
(4)
|
Unbound,
except as indicated in the
|
|
|
|
|
horizontal
section.
|
|
horizontal
section.
|
|
10 Excluding
services relating to investigation, evaluation and exploitation for natural
forest including exploitation of woods and wild, rare and precious animals
hunting and trapping, aerial photographing, aerial seed planting and aerial
chemicals spraying and dusting, micro-bial plant, animal genetic resource in
agriculture. For the avoidance of ambiguity, animal husbandry and the
improvement of breeding stock are included in this commitment.
Mode of delivery: (1)
Cross-border supply (2)
Consumption abroad (3) Commercial
presence (4) Presence of natural person
|
Sectors and sub-sectors
|
Limitations on Market Access
|
Limitations on National Treatment
|
Additional Commitments
|
(h) Services incidental to mining (CPC 883)
1.
The commitments specified hereunder
are not understood to cover the following activities: supply of equipment,
materials and chemicals, supply base services, offshore/marine support vessels,
accommodation and catering, helicopter services.
2.
The commitments specified hereunder
are made without prejudice to the rights of the Government of Viet Nam to set
out the necessary regulations and procedures to regulate the oil and gas
related activities carried out within the territory or jurisdiction of Viet Nam
in full conformity with the rights and obligations of Viet Nam under the GATS.
(1)
None, except: companies without a
commercial presence may be required to be registered with the competent
authority of the Government of Viet Nam under the terms outlined in Viet Nam's
applicable laws.
(2)
None.
(3)
None, except:
Upon
accession, joint ventures with foreign capital contribution not exceeding 49%
shall be permitted. After 3 years from the date of accession, this limitation
shall be 51%. Two years thereon, 100% foreign-invested enterprises shall be
permitted.
(4)
Unbound, except as indicated in the
horizontal section.
(1)
None, except as indicated in market
access column.
(2)
None.
(3)
None, except as indicated in the
market access column.
(4)
Unbound, except as indicated in the
horizontal section.
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Page17WT/ACC/VNM/48/Add.
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2
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|
11 For
greater transparency, this allows the maintenance or adoption of limitations or
restrictions for national security and public order reasons in accordance with
Article XIV and Article XIV bis of the GATS.
|
Mode of delivery:
(1) Cross-border supply
|
(2)
|
Consumption
abroad (3) Commercial presence (4)
Presence of natural person
|
|
|
Sectors and
sub-sectors
|
|
|
Limitations
on Market Access
|
Limitations
on National Treatment
|
Additional
Commitments
|
|
(i) Services
incidental to manufacturing
|
|
(1)
|
None.
|
(1)
|
None.
|
|
|
(CPC
884 and 885)
|
|
(2)
|
None.
|
(2)
|
None.
|
|
|
|
|
(3)
|
None, except:
|
(3)
|
Unbound.
|
|
|
|
|
|
After
3 years from the date of
|
|
|
|
|
|
|
|
accession,
only joint ventures with
|
|
|
|
|
|
|
|
foreign capital contribution not
|
|
|
|
|
|
|
|
exceeding 50% shall be permitted.
|
|
|
|
|
|
|
|
Five
years thereon: 100% foreign-
|
|
|
|
|
|
|
|
invested enterprises shall be
|
|
|
|
|
|
|
|
permitted.
|
|
|
|
|
|
|
(4)
|
Unbound,
except as indicated in the
|
(4) Unbound, except as indicated in the
|
|
|
|
|
|
horizontal section.
|
|
horizontal section.
|
|
|
(m) Related
scientific and technical
|
|
(1)
|
None, except: companies without a
|
(1) None, except as
indicated in the
|
|
|
consulting services12
|
|
|
commercial
presence may be
|
|
market
access column.
|
|
|
(CPC 86751, 86752 and 86753
|
|
|
required to be registered with the
|
|
|
|
|
only)
|
|
|
competent
authority of the
|
|
|
|
|
|
|
|
Government of Viet Nam under the
|
|
|
|
|
|
|
|
terms
outlined in Viet Nam's
|
|
|
|
|
|
|
|
applicable laws.
|
|
|
|
|
|
|
(2)
|
None.
|
(2)
|
None.
|
|
|
|
|
(3)
|
None, except:
|
(3) None, except as
indicated in the
|
|
|
|
|
|
|
|
market access column.
|
|
|
|
|
|
Upon
accession, joint ventures with
|
|
|
|
|
|
|
|
foreign capital contribution not
|
|
|
|
|
|
|
|
exceeding
49% shall be permitted.
|
|
|
|
|
|
|
|
After 2 years from the date of
|
|
|
|
|
|
|
|
accession,
this limitation shall be
|
|
|
|
|
|
|
|
51%. Two years
thereon, 100%
|
|
|
|
|
|
|
|
foreign-invested
enterprises shall be
|
|
|
|
|
|
|
|
permitted.
|
|
|
|
|
|
|
(4)
|
Unbound,
except as indicated in the
|
(4) Unbound, except as indicated in the
|
|
|
|
|
|
horizontal section.
|
|
horizontal section.
|
|
12
The supply of services related to prospecting, surveying, exploration and
exploitation is subject to the applicable laws and regulations of Viet Nam.
Mode of delivery: (1)
Cross-border supply (2)
Consumption abroad (3) Commercial
presence (4) Presence of natural person
|
Sectors and sub-sectors
|
|
Limitations on Market Access
|
Limitations on National Treatment
|
Additional Commitments
|
|
(n) Maintenance
and repair of
|
(1)
|
None.
|
(1)
|
None.
|
|
|
equipment
(not including maritime
|
(2)
|
None.
|
(2)
|
None.
|
|
|
vessels, aircraft or other transport
|
(3)
|
None, except:
|
(3)
|
None, except as indicated in the
|
|
|
equipment)
|
|
Upon
accession, joint ventures with
|
|
market
access column.
|
|
|
(CPC 633)
|
|
foreign capital contribution not
|
|
|
|
|
|
|
exceeding
49% shall be permitted.
|
|
|
|
|
|
|
After 3 years from the date of
|
|
|
|
|
|
|
accession, this limitation shall be
|
|
|
|
|
|
|
51%.
Two years thereon, 100%
|
|
|
|
|
|
|
foreign-invested enterprises shall be
|
|
|
|
|
|
|
permitted.
|
|
|
|
|
|
(4)
|
Unbound, except as indicated in the
|
(4)
|
Unbound, except as indicated in the
|
|
|
|
|
horizontal
section.
|
|
horizontal
section.
|
|
2. COMMUNICATION SERVICES
|
|
B. Courier Services (CPC 7512**)
|
(1)
|
None.16
|
(1)
|
None.
|
Services and services suppliers of any
|
|
* Express delivery services13,
i.e.
|
(2)
|
None.
|
(2)
|
None.
|
other Member shall be accorded
|
|
(3)
|
None, except that foreign ownership
|
(3)
|
None.
|
treatment no less favourable than the
|
|
services
consisting of collection, sorting,
|
|
in joint ventures may be limited to
|
|
|
treatment accorded to the Vietnamese
|
|
transport and
delivery, whether for
|
|
51%
within the first 5 years after
|
|
|
Post
Office or its subsidiaries for its
|
|
domestic
or foreign destination, of:
|
|
accession.
|
|
|
competitive activities.
|
|
(a)
|
Written communication14, on any
|
|
|
|
|
|
|
|
kind of physical medium, including:
|
|
After 5 years from the date of
|
|
|
|
|
|
-
|
Hybrid
mail service;
|
|
accession,
100% foreign-invested
|
|
|
|
|
|
-
|
Direct mail.
|
|
enterprises shall be permitted.
|
|
|
|
|
|
Except
for the handling of items of
|
|
|
|
|
|
|
|
written communication the price of
|
(4)
|
Unbound, except as indicated in the
|
(4)
|
Unbound, except as indicated in the
|
|
|
|
which
is less than:
|
|
horizontal
section.
|
|
horizontal
section.
|
|
-
10 times the tariff for the handling
of a standard domestic letter in the first weight level for domestic shipments;
-
US$9 for international shipments;
provided
that the gross weight of
these
items is less than 2,000 grams.
13 Express
delivery services may include, in addition to greater speed and reliability,
value added elements such as collection from point of origin, personal delivery
to addressee, tracing and tracking, possibility of changing the destination and
address in transit, confirmation of receipt.
14 Written
communication includes letters, postcards, hand writings, or printed matters
such as books, newspapers, periodicals, magazines, or commercial documents such
as bills and invoices, etc.
|
Page19WT/ACC/VNM/48/Add.
|
|
2
|
Mode of delivery: (1)
Cross-border supply (2)
Consumption abroad (3) Commercial
presence (4) Presence of natural person
|
Sectors and sub-sectors
|
Limitations on Market Access
|
Limitations on National Treatment
|
Additional
Commitments
|
(b) Parcels15 and other goods.
*
Handling of non-addressed items.
C. Telecommunication Services
Commitments
hereunder are made in accordance with "Notes for Scheduling Basic Telecom
Services Commitments" (S/GBT/W/2/REV.1) and "Market Access
Limitations on Spectrum Availability" (S/GBT/W/3). For the purpose of
these commitments, a "non-facilities based service supplier" means a
service supplier which does not own transmission capacity but contracts for
such capacity including submarine cable capacity, including on a long-term
basis, from a facilities-based supplier. A non facilities-based supplier is not
otherwise excluded from owning telecommunications equipment within their
premises and permitted public service provision points (POP).
|
Basic telecommunication services
|
|
(1) None, except:
|
(1) None.
|
Viet Nam undertakes the obligations in
|
|
(a)
|
Voice
telephone services
|
|
|
the
Reference Paper attached hereto.
|
|
|
(CPC 7521)
|
Wire-based and mobile terrestrial
|
|
|
|
|
|
|
services: Service must be offered
|
|
For
consortium submarine cable links
|
|
(b)
|
Packet-switched data transmission
|
through commercial arrangements
|
|
where Viet Nam is member, foreign
|
|
|
services
|
with
an entity established in Viet
|
|
service
suppliers shall be permitted to
|
|
|
(CPC 7523**)
|
Nam and licensed to provide
|
|
control fully-owned submarine cable
|
|
|
|
|
international
telecommunication
|
|
transmission
capacity (e.g. IRU or
|
|
(c)
|
Circuit-switched data transmission
|
services.
|
|
consortium ownership) terminating at a
|
|
|
services
|
|
|
licensed cable landing station in
|
|
|
(CPC
7523**)
|
Satellite-based services: Subject
to
|
|
Viet
Nam, and to provide such capacity
|
|
|
|
|
commercial arrangements with
|
|
to international facilities-based service
|
|
(d)
|
Telex
services
|
Vietnamese
international satellite
|
|
suppliers
licensed in Viet Nam. 4 years
|
|
|
(CPC 7523**)
|
service suppliers duly licensed in
|
|
after accession foreign service
suppliers
|
|
|
|
|
Viet
Nam, except satellite-based
|
|
shall
be permitted to provide such
|
|
(e)
|
Telegraph services
|
services offered to:
|
|
capacity to international VPN and IXP
|
|
|
(CPC
7523**)
|
|
|
service
suppliers licensed in Viet Nam.
|
(f)
Facsimile services (CPC 7521** +
7529**)
(g)
Private leased circuit services (CPC
7522** + 7523**)
16
The cross-border supply of service
can be performed in association with a local service provider for the
collection or delivery.
15
Books, catalogues are included
hereunder.
Mode of delivery: (1)
Cross-border supply (2)
Consumption abroad (3) Commercial
presence (4) Presence of natural person
|
|
Sectors and sub-sectors
|
|
Limitations on Market Access
|
Limitations on National Treatment
|
Additional Commitments
|
|
(o*)
|
Other services
|
|
-
|
Upon accession:
off-shore/on
|
|
|
|
|
|
|
|
|
sea
based business customers,
|
|
|
|
|
-
|
Videoconference services
|
|
|
government institutions,
|
|
|
|
|
|
(CPC
75292)
|
|
|
facilities-based
service
|
|
|
|
|
-
|
Video Transmission services,
|
|
|
suppliers, radio and television
|
|
|
|
|
|
excluding broadcasting17
|
|
|
broadcasters,
official
|
|
|
|
|
-
|
Radio based services includes:
|
|
|
international organization'
|
|
|
|
|
|
+ Mobile telephone
|
|
|
representative offices,
|
|
|
|
|
|
(terrestrial
and satellite)
|
|
|
diplomatic
representatives and
|
|
|
|
|
|
+ Mobile data
|
|
|
consulates, high tech and
|
|
|
|
|
|
(terrestrial
and satellite)
|
|
|
software
development parks
|
|
|
|
|
|
+ Paging
|
|
|
who are licensed to use satellite-
|
|
|
|
|
|
+
PCS
|
|
|
earth
stations;
|
|
|
|
|
|
+ Trunking
|
|
-
|
Three years after accession:
|
|
|
|
|
-
|
Internet Exchange Service (IXP)18
|
|
|
multinational companies19,
|
|
|
|
|
|
|
|
|
which are licensed to use
|
|
|
|
|
|
|
|
|
satellite-earth
stations.
|
|
|
|
|
|
|
(2)
|
None.
|
(2)
|
None.
|
|
|
|
|
(3)
|
None,
except:
|
(3)
|
None.
|
|
|
|
|
|
Non facilities-based
services: Upon
|
|
|
|
|
|
|
|
accession joint ventures with
|
|
|
|
|
|
|
|
telecommunications
service
|
|
|
|
|
|
|
|
suppliers duly licensed in Viet Nam
|
|
|
|
|
|
|
|
will
be allowed. Foreign capital
|
|
|
|
|
|
|
|
contribution shall not exceed 51%
|
|
|
|
|
|
|
|
of legal capital of the joint ventures.
|
|
|
|
|
|
|
|
Three
years after accession: joint
|
|
|
|
|
|
|
|
venture will be allowed without
|
|
|
|
|
|
|
|
limitation
on choice of partner.
|
|
|
|
|
|
|
|
Foreign capital contribution shall
|
|
|
|
|
|
|
|
not
exceed 65% of legal capital of
|
|
|
|
|
|
|
|
the joint ventures.
|
|
|
|
17 Broadcasting
is defined as the uninterrupted chain of transmission required for the
distribution of TV and radio programme signals to the general public, but does
not cover contribution links between operators.
18 Services
providing internet access service (IAS) suppliers with connection between them
and to the international Internet backbone.
A multinational is a corporation which: a) has a
commercial presence in Viet Nam; b) operates in at least one other WTO member;
c) has been in operation for at least 5 years; d) is publicly listed on the
stock exchange of a WTO Member; and e) is licensed to use satellite services in
at least one WTO Member.
WTO Agreenment with Vietnam (Part 2)
|
